ORS § 105 § 105.145
Judgment on trial by court; duties of parties to stipulated agreement.
Operative Text
(1) If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, the court shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, the court shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable. (2) If, as a result of a court-sponsored or other mediation or otherwise, the plaintiff and defendant agree, in the manner provided by ORCP 67 F for judgment by stipulation, that the defendant shall perform in a certain manner or that the plaintiff shall be paid moneys agreed to be owing by the defendant and that as a result of that performance or payment the defendant shall retain possession of the premises, including retention of possession contingent upon that performance or payment of moneys by the defendant by a certain date, the court shall enter an order or judgment to that effect. In addition, if the plaintiff and defendant agree that the plaintiff shall perform in a certain manner or pay moneys to the defendant by a certain date, the court shall enter an order or judgment to that effect. (3) If, as provided by subsection (2) of this section, the parties enter an order or judgment by stipulation that requires the defendant to perform in a certain manner or make a payment by a certain date and the defendant later demonstrates compliance with the stipulation, the court shall enter a judgment of dismissal in favor of the defendant. [Amended by 1997 c.577 §35; 1999 c.603 §36; 2003 c.378 §22]
Oregon Revised Statutes § 105.145 governs how courts resolve eviction (forcible entry and detainer) cases tried without a jury. If the court finds the landlord's complaint unproven, judgment goes against the landlord with costs; if proven, the tenant must surrender the premises and the landlord recovers costs. The statute also allows parties to reach a stipulated agreement — often through mediation — under which the tenant may keep possession by meeting certain conditions, such as paying overdue rent by a set date, and if the tenant later proves compliance, the court must dismiss the case in the tenant's favor.
Plain English — not legal advice.
Under ORS § 105.145, landlords who prevail at a bench trial are entitled to a general judgment for restitution of the premises plus costs and disbursements. Operators who reach a negotiated resolution — whether through court-sponsored mediation or direct agreement — can have that deal formalized as a court order or stipulated judgment, which provides an enforceable record of any payment plan or performance conditions the tenant must meet. Compliant operators typically document the agreed terms precisely, since the statute ties the tenant's right to retain possession directly to fulfillment of those specific conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.145 gives tenants meaningful procedural protections in a court-tried eviction case: if the landlord's complaint is found untrue, the court must rule in the tenant's favor and award costs against the landlord. Tenants also have the opportunity to negotiate a stipulated agreement — often through mediation — that allows them to remain in the unit by fulfilling defined obligations, such as a payment by a specific date, and if they later demonstrate compliance, the court is required to enter a dismissal in their favor. Tenants facing eviction proceedings may benefit from contacting a local tenant-rights organization or legal aid office to understand how the stipulation process under this section might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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